Vaccine Act Bars All Design Defect Claims; U.S. Supreme Court Upholds Preemption

Parents alleging their daughter suffered a seizure disorder caused by an especially reactive type of childhood pertussis vaccine may not obtain damages from the manufacturer, the U.S. Supreme Court ruled Feb. 22 (Bruesewitz v. Wyeth LLC).

The court, in a 6-2 decision by Justice Antonin Scalia, said the National Childhood Vaccine Injury Act of 1986 (NCVIA) preempts all design defect claims against vaccine manufacturers brought by plaintiffs who seek compensation for injury or death caused by vaccine side effects.

Petitioners Russell and Robalee Bruesewitz had argued that the act bars recovery only for unavoidable side effects. They contended ...